Burglary Defense Lawyer in Chesapeake, Virginia — What Are Your Options?
Burglary in Chesapeake is a serious felony under Va. Code § 18.2-90, carrying 5 years to life in prison. A burglary defense lawyer Chesapeake from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence on intent and unlawful entry. Our firm has documented results defending clients in Chesapeake General District and Circuit Courts. Contact us 24/7 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by statute as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The severity of the charge depends on factors like the time of day, the type of structure entered, and whether a deadly weapon was involved. A breaking and entering defense lawyer Chesapeake must understand these nuances to build an effective defense.
Last verified: April 2026 | Chesapeake General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm combines over 120 years of legal experience. Mr. Sris’s background in accounting and information systems provides a unique advantage in cases involving financial evidence or digital trails.
Official Legal Resources
For the official text of the burglary statute, see Va. Code § 18.2-90 (official Virginia General Assembly). Court information for Chesapeake cases can be found at the Chesapeake General District Court website.
Local Court Process for Burglary Charges
In Chesapeake, a burglary charge typically begins with an arrest and an initial appearance at the Chesapeake General District Court for a bond hearing. The case will proceed to a preliminary hearing in General District Court to determine probable cause before being certified to the Chesapeake Circuit Court for a felony jury trial. Prosecutors must prove every element, including the specific intent at the moment of entry.
- Initial Arrest & Bond Hearing: You will be taken before a magistrate. A defense attorney can argue for reasonable bond conditions or personal recognizance.
- Preliminary Hearing: In Chesapeake General District Court, the Commonwealth must show probable cause that a burglary occurred. Your lawyer can cross-examine witnesses and seek dismissal.
- Circuit Court Arraignment: If certified, you will be formally charged in Circuit Court and enter a plea of not guilty.
- Discovery & Motions: Your attorney will review all evidence, file motions to suppress illegally obtained evidence, and challenge the prosecution’s case.
- Plea Negotiation or Trial: Based on the evidence, your lawyer will negotiate for a reduction (e.g., to trespassing) or prepare for a jury trial to defend your innocence.
Potential Penalties for Burglary in Chesapeake
In Chesapeake, burglary under Va. Code § 18.2-90 is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000. If the burglary occurs in the daytime or involves a building other than a dwelling, it may be charged as a Class 6 felony (1-5 years, or up to 12 months in jail).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Nighttime, Dwelling) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Burglary (Daytime or Non-Dwelling) | Class 6 Felony | 1 – 5 years (or up to 12 months) | Up to $2,500 | None | Permanent felony record, loss of firearm rights. |
| Statutory Burglary with Deadly Weapon | Class 2 Felony | 20 years to life | Up to $100,000 | None | Mandatory minimum sentences apply. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper, giving us insider perspective on how these cases are built and challenged. We have a documented record of achieving favorable outcomes for clients across Virginia.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Our firm’s managing attorney, Mr. Sris, is a former prosecutor with a background in accounting and information systems, which is particularly valuable for cases involving financial motives or digital evidence. For Chesapeake cases, we also work with Of Counsel attorney Kristen Fisher, a former Maryland Assistant State’s Attorney who provides vigorous courtroom defense.
Case Results and Client Advocacy
While every case is unique, our approach focuses on meticulous case analysis. We examine the details of the alleged entry, the evidence of intent, and the procedures used by law enforcement. A strong burglary defense lawyer Chesapeake from our team will work to have charges reduced or dismissed.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Chesapeake, VA
Our Richmond location serves clients facing charges in Chesapeake courts. We are accessible via I-64 and other major highways. We provide legal representation to individuals in Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary (Va. Code § 18.2-90) requires entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) involves entering a building to commit a misdemeanor. The intent and type of structure define the charge.
Can you go to jail for a first-time burglary offense in Chesapeake?
Yes. Burglary is a felony. A Class 3 felony carries a mandatory prison sentence of 5 to 20 years. Even a Class 6 felony has a potential prison term of 1-5 years. However, a skilled burglary defense lawyer Chesapeake can negotiate for alternative sentencing or seek a reduction to a lesser charge based on the facts.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of unlawful entry (you had permission), and insufficient evidence. An attorney may also challenge the legality of the police investigation, such as an unlawful search that yielded key evidence.
Should I talk to the police if I’m suspected of burglary?
No. You have the right to remain silent. Politely decline to answer questions and request a lawyer immediately. Anything you say can be used to establish intent or place you at the scene. Contact a burglary charge defense lawyer Chesapeake before speaking with investigators.
How long does a burglary case take in Chesapeake?
It depends. A case can take several months to over a year. Misdemeanor trials in General District Court may be scheduled within weeks. Felony cases move from General District Court to Circuit Court, where the process for discovery, motions, and trial preparation is longer, often taking 6 to 12 months or more.
Related Pages: For other legal issues, see our Virginia Criminal Defense Lawyer hub. We also assist with DUI charges in Chesapeake and reckless driving in Chesapeake.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.